NATIONAL STEEL AND SHIPBUILDING COMPANY, Petitioner,
v.
The SUPERIOR COURT of San Diego County, Respondent;
Robert Godinez et al., Real Parties in Interest.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
January 20, 2006.
January 20, 2006.
Attorney(s) appearing for the Case
O'Melveny & Myers, Gordon E. Krischer, Los Angeles, Larry A. Walraven and Brian A. Selvan, Newport Beach, for Petitioner.
Steven Drapkin, Los Angeles, for Employers Group, California Employment Law Council, California Restaurant Association, Alliance of Motion Picture & Television Producers, Airline Labor Relations Conference and California Lodging Industry Association as Amici Curiae on behalf of Petitioner.
Robert Jones for Division of Labor Standards Enforcement, Department of Industrial Relations, and California State Labor Commissioner as Amici Curiae on behalf of Petitioner.
No appearance for Respondent.
Tosdal, Smith, Steiner & Wax, Thomas Tosdal and Fern M. Steiner, San Diego, for Real Parties in Interest.
Neyhart, Anderson, Flynn & Grosboll, John L. Anderson and Scott M. DeNardo, San Francisco, for California Teamster Public Affairs Council and California Conference Board of the Amalgamated Transit Union as Amici Curiae on behalf of Real Parties in Interest.
Weinberg, Roger & Rosenfeld, David A. Rosenfeld, M. Suzanne Murphy and Anne I. Yen, Oakland, for International Association of Machinists and Aerospace Workers; District Lodge 947, AFL-CIO; and International Brotherhood of Electrical Workers, Local 569, AFL-CIO, as Amici Curiae on behalf of Real Parties in Interest.
Cohelan & Khoury and Michael D. Singer for California Employment Lawyers Association as Amicus Curiae on behalf of Real Parties in Interest.
Court of Appeals of California, Fourth District, Division One.
McINTYRE, J.
The Labor Code requires that an employer pay an employee the equivalent of one hour of pay if the employer fails to provide a meal or rest period as required by applicable orders of the Industrial Welfare Commission (IWC). (Lab.Code, § 226.7, subd. (b), all further undesignated statutory references are to this code.) In this case, the primary question presented is what statute of limitations applies...
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